WEBSITE TERMS OF USE

1.    Definitions

1.1.    In these website terms of use unless the context otherwise requires:

“Customer” means the person or entity contracting with PFL (including the Customer’s successors and permitted assigns) for the supply of goods and includes any person acting on behalf of or with the authority of the customer;

    “Privacy Policy” means PFL’s privacy policy as posted on the Website and as amended from time to time by PFL;

“User” means a Visitor or a Customer;

“Visitor” means any visitor to the Website that is surfing, reading information, using applications or message boards or enters any competition or game run on the Website; and

    “Website” means the website www.planetfun.co.nz (or any similar website) owned and operated by PFL from time to time.

2.    Acceptance

2.1    Any use of, or access to the Website and its associated services constitutes the User’s acceptance of these website terms of use and the Privacy Policy without qualification.  If you do not agree to be bound by these website terms of use, please do not access and use the Website or continue to use the Website.

3.    Intellectual Property and Content Ownership

3.1    The User acknowledges that PFL is the sole owner (or licensee) of all intellectual property and content (including, but not limited to, all trade marks, brands, trade names, ideas, systems, applications, message and communication facilities, any textual or graphic material, processes, games and competitions) which is displayed on the Website or relates to any goods promoted or offered for sale on the Website.

3.2    PFL does not transfer any title or rights to the intellectual property or the content (“together referred to as “the Content”) to the User.  Unauthorised use of the Content is strictly prohibited and may infringe the rights of such Content.  No Content may be reproduced, published or transmitted in any manner without the prior written consent of PFL.  In particular and without limitation, the User may not without prior written permission from PFL:

(a)    Archive the Content or any part of it;

(b)    Form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;

(c)    Redistribute or republish the Content; or

(d)    Link to the Website including (without limitation) linking in any way which frames the Website; replicates the Website or misleads any person regarding any association with the Website; or the User’s association with PFL or otherwise whether implicitly or expressly.

4.    Website Use

4.1    The Website may contain games, competitions, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable the User to communicate with PFL and/or communicate or play with and compete against other Users, the public at large or with a group (collectively, "Communication Services").  The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

4.2    PFL does not claim ownership of the statements, material, feedback and suggestions that the User posts, uploads, inputs or submits to the Communication Services (collectively “Submission”).  However, by posting, uploading, inputting, providing or submitting the User’s Submission the User irrevocably and unconditionally grants PFL, PFL’s affiliated companies and necessary sublicensees permission to use the User’s Submission in connection with the operation of the PFL business including, but without limitation, the rights to:

(a)    Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User’s Submission;

(b)    Publish the User’s name in connection with its Submission; and

(c)    Use the Submission or any derived form of the Submission in the goods or services that PFL may make available (with or without charge) to other Users or Customers.

4.3    No compensation will be paid with respect to the use of the User’s Submission, as provided herein.  PFL is under no obligation to post or use any Submission the User may provide and may remove any Submission at any time in PFL’s sole discretion.

4.4    By way of example, and not as a limitation, the User agrees that when using the Website or a Communication Service or making a Submission, the User will not:

(a)    Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b)    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)    Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents;

(d)    Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of PFL’s or a third party’s computer;

(e)    Advertise or offer to sell or buy any goods or services for any business purpose;


(f)    Download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;

(g)    Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(h)    Restrict or inhibit any other user from using and enjoying the Website or the Communication Services;

(i)    Violate any code of conduct, rules or other guidelines which may be applicable for any particular Communication Service;

(j)    Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or

(k)    Violate any applicable laws or regulations.

4.5    PFL has no obligation to monitor the Communication Services or Submissions made.  However, PFL reserves the right to review materials posted to a Communication Service or made in a Submission and to remove any materials in its sole discretion.  PFL reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.

4.6    PFL does not control or endorse the content, messages or information found in any Communication Service or Submission and, therefore, PFL specifically disclaims any liability with regard to the Communication Services and/or Submissions and any actions resulting from the User’s participation in any Communication Service or Submission.  The views expressed through the Communication Services or Submissions do not necessarily reflect those of PFL.

4.7    As a condition of the User’s use of the Website, the User warrants to PFL that it will not use the Website for any purpose that is unlawful or prohibited by these website terms of use and the Privacy Policy.  The User may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.  The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

5.    PFL’s Liability

5.1    The Website may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of PFL and PFL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  PFL is not responsible for webcasting or any other form of transmission of data received from a Linked Site.

5.2    PFL does not warrant, guarantee or make any representations regarding the security of the Website, or that the Website is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage, nor does PFL warrant, guarantee or make any representations that the Website will be fully accessible at all times, uninterrupted or error free.

5.3    PFL and its information contributors and associated service providers do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services made available via the Website and expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from the User’s use of, or reliance on the Website or the information provided via the Website. The Website services and information are provided on an "as is" basis.

5.4    PFL shall not be liable in contract, tort (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of use of the Website, infringement of any intellectual property or any act or omission of PFL.

6.    Miscellaneous

6.1    If any provision of these website terms of use shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

6.2    PFL may change these website terms of use at any time by changing or removing existing terms or adding new ones.  Changes may take the form of a completely new these website terms of use.  PFL will tell the User about any changes by posting an updated these website terms of use on the Website.  Any change PFL makes applies from the date PFL posts it on the Website.

6.3    PFL may immediately terminate a User’s access to the Website without liability if it reasonably believes the User is in breach of these website terms of use or if PFL wishes to withdraw the Website or any part of it.

6.4    These website terms of use and the User’s use of the Website will be governed by and construed in accordance with the laws of New Zealand and the User submits to the non-exclusive jurisdiction of the New Zealand Courts.